While certainly the vast majority of prosecutors are ethical lawyers engaged in vital public service, the undeniable fact is that many innocent people have been wrongly convicted of crimes as a result of prosecutorial misconduct.1 Prosecutors are rarely disciplined or criminally prosecuted for their misconduct,2 and the victims of this misconduct are generally denied any civil remedy because of prosecutorial immunities....

But contrary to this policy argument, absolute immunity is not needed to prevent frivolous litigation or to protect the judicial process. Absolute immunity protects the dishonest prosecutor...

Moreover, not only is the doctrine of absolute immunity unsupported by history and contrary to public policy, but its practical application is also unnecessarily confusing and unworkable....

The reconsideration of absolute prosecutorial immunity is especially urgent for two reasons: (1) recent empirical studies establish that prosecutorial misconduct is a significant factor contributing to numerous wrongful convictions of innocent people;33 and (2) emerging circuit splits on the application of the absolute prosecutorial immunity doctrine suggest that it is becoming increasingly unworkable and is in fact undermining the goals it was designed to achieve.34

First, a 2003 study presents alarming evidence of the frequency of prosecutorial misconduct resulting in the wrongful conviction of hundreds of innocent people...

You can sue prosecutors in New York -- trust me on this! It's hard, though... rarely works. I wouldn't myself get rid of the cause of action. I tend to doubt that prosecutorial misconduct has imprisoned many innocent people (but I am sure there have been some).